Montana Code 80-5-404. Planting noncertified seed potatoes prohibited — exceptions
80-5-404. Planting noncertified seed potatoes prohibited — exceptions. (1) To control and prevent the spread of contagious diseases and viruses among seed potato stock, it is unlawful for any person to plant or produce potatoes, either seed or commercial, from any seed potato stock unless the seed potatoes are:
Terms Used In Montana Code 80-5-404
- Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 80-5-402
- Lot: means a definite quantity of seed identified by a lot number or other mark, every portion of which is uniform within recognized tolerances for the factors that appear in the labeling. See Montana Code 80-5-120
- Person: means an individual, firm, partnership, corporation, company, association, or separate business or legal entity. See Montana Code 80-5-402
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Variety: means a subdivision of a kind that is:
(a)distinct, in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties known publicly;
(b)uniform, in the sense that the variations in essential and distinctive characteristics are describable; and
(c)stable, in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted as required by the different categories of varieties. See Montana Code 80-5-120
(a)from seed stock produced as a part of a certified seed potato crop in the state or country of origin and certified as being from that stock;
(b)subject to inspection at the receiving point by a federal or state-federal standard grade inspector if from a source outside the county;
(c)shipped in a clean, disinfected container or transportation carrier; and
(d)for each individual lot of seed potatoes, accompanied by a United States department of agriculture or state of origin certificate of inspection describing the seed variety, seed class, standard grade, quality or condition, and seed source and have affixed to each inspection certificate an official state of origin seed potato certification tag or label.
(2)The provisions of this section do not apply to:
(a)potatoes grown in home gardens;
(b)potatoes grown by any unit of the Montana university system for research or educational purposes.